• Home
  • Employer Resources
  • About
  • Services
  • Job Seeker
  • Blog Posts
  • Contact

Using Independent Contractors? Read This First!

Earlier this year California became the 12th state to enter into a Memorandum of Understanding (MOU) with the Department of Labor’s Wage and Hour Division, signifying that they will be working together to end the practice of misclassifying employees. In 2011, the Wage and Hour Division collected more than $5 million in back wages for minimum wage and overtime violations under FLSA (Fair Labor Standards Act) resulting from employees being misclassified as independent contractors, or otherwise not treated as employees.

Last year California passed Senate Bill 459 which imposes penalties of from $5,000-$25,000 for “willful misclassification” of an employee as an independent contractor. These fines are in addition to any employment taxes and insurance found owing.

Before you classify an individual as an “independent contractor” be sure you review the various resources available to avoid misclassification and the resulting costs and fines of doing so. California’s Employee Development Department’s (EDD)  Employment Determination Guide provides a Worksheet on Employment Status that includes a battery of questions that will help you determine classification.  The IRS uses 20 factors to evaluate the validity of independent contractor classifications:

  1. Level of instruction
  2. Amount of training
  3. Degree of business integration
  4. Extent of personal services
  5. Control of assistants
  6. Continuity of relationship
  7. Flexibility of schedule
  8. Demands for full-time work
  9. Need for on-site services
  10. Sequence of work
  11. requirements for reports
  12. Method of payment
  13. Payment of business or travel expenses
  14. Provision of tools and materials
  15. Investment in facilities
  16. Realization of profile or loss
  17. Work for multiple companies
  18. Availability to public
  19. Control over discharge
  20. Right of termination

More information about each of these factors is in the IRS publication. As always, consult with your tax advisor or an employment attorney for specific questions about classifications.

Uncategorized
← Newer Post
Older Post →

Leave a Reply Cancel reply

You must be logged in to post a comment.

Recent Posts

  • Reflecting on 2023 and Welcoming 2024
  • Happy Holidays from Connect to HR
  • Cultural Integration is Key to M&A Success
  • Keeping Employees Engaged During a Transition
  • Feedback and Self-Reflection Promote Personal Growth
  • Looking Back to Move Forward

Want to stay connected?

SPHR Certification Badge
SHRM Certification Badge
           IA Certification Badge
SPCC Certification Badge
Connect to HR | Strategic HR Advisors & Executive Coaching
Copyright © 2018 - 2025 All Rights Reserved Worldwide
Crafted by Reddington Solutions
Privacy Policy